Law Of Tort Question Paper

Law Of Tort

Course:Bachelor Of Laws

Institution: Kenyatta University question papers

Exam Year:2010

LPL 100 The Law of Tort

Proposed Examination Questions for January – April Semester

1 (A )Explain defamation and distinguish between libel and slander.
1 (B) Otieno, a student union leader at Wananchi University , was astonished to read in the Echo, the a national newspaper, that he had “falsified votes at the university through hacking into the on-line vote counting system “ and “accepted substantial sums of money from students to alter their academic transcripts on Wananchi University’s mainframe computer”.
The author of the article, Faith, was motivated to write the article because a year before, the university rejected her application for admission for the 13th consecutive occasion.

In the meantime, Otieno is horrified to hear the story broadcast over a national radio station morning chat line Voice-Live, which reviewed morning newspapers, and where callers described Otieno as a “shameful thief”.

By noon, Otieno has received 300 rude and disparaging comments by email after Faith uploaded the newspaper story to Facebook.
At one o’clock, the Vice-Chancellor of Wananchi calls Otieno’s Dean of Faculty to demand an explanation for Otieno bringing the University into disrepute.
Incensed beyond belief, Otieno sprints to a local Advocate’s office, where you are employed.
(A) How would you advise Otieno in relation to his intended claim before a court against:
(i) the Echo newspapers claims
(ii) Faith
(iii) Voice-Live radio’s broadcast
(iv) Face Book
(B) Would your answer be different if the editor of the Echo, unearths a court document from Kakamega (West) Magistrates, fining Otieno KSh. 5000 two years previously for hacking into his school’s records-keeping computer database?

2. (i) Discuss the scope of vicarious liability of a master for the torts of his servant.
(ii) K was the employer of S, a window cleaner, who was instructed by K on March 15th to travel to Malindi from Mombasa in the company van and clean all the windows of the branch office and thereafter, return to the Mombasa office. He was instructed not to drive anywhere else or for any other purpose. When S had finished the window cleaning, he called his friends in Mtwapa who were grilling fish, and decided to drive there to join them. On his way there, he collided with a Tuk-Tuk driven by Q, and as a result of the collision, Q suffered personal injuries and total damage to his Tuk-Tuk. On discharge from hospital, Q plans to recover damages by a court action. Advise Q.

3. Write explanatory notes on each of the following:
(i) The rule in Rylands v Fletcher
(ii) Volenti non fit injuria
(iii) Malicious falsehood
(iv) ‘Capacity’ as used in the law of Tort

4. Citing case law in your answer, explain the three-fold issues under Trespass to the Person

5. (a) Discuss the elements of the tort of nuisance
(b) When may a defendant plead De minimis non curat lex?

6. Write an explanatory note on Res ipsa loquitur supporting your explanation with East African cases

7. “The general rule is that any person may sue or be sued in tort. All persons are subject to the same laws. However, some special rules apply in certain circumstances, which either restrict, forbid or qualify the right to sue or be sued. It means certain persons cannot sue, while some other persons cannot be sued”. N.A. Saleemi, The Law of Torts

What is the liability under the law of torts of:
(a) The Government
(b) Infants and Minors
(c) Husband and Wife
(d) The President
(e) Heads of State and Diplomats
(f) Corporations
(g) Trade Unions
(h) Persons of unsound mind
(i) Judicial officers

8. (a) Describe the duty of care relating to an occupier of premises.
(b)What are the defences in occupiers’ liability?

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